What should I do if the railroad claims I am at fault?

To counter your claim, the railroad may seek to demonstrate that you were also at fault, which means that you contributed in some degree to your own injury.  This is known as "comparative negligence."  If the carrier is able to show comparative negligence, a jury may reduce an award to an injured employee by the percent of their own negligence.  For example, if an injured railroad employee has a verdict of $1,000,000.00 for lost income and permanent pain because they lost their career and cannot return to work due to the injuries sustained, but the jury finds they are 50% negligent, then a $1,000,000.00 award in court would be reduced in half to $500,000.00.

© 2016 by Davis, Saunders & Miller, PLC 


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